Having a child should be a joyful experience. However, that joy can be quickly taken away in the event of a birth injury. While not every case is the result of medical malpractice, many birth injuries are, in fact, preventable. Now facing mounting medical bills and an uncertain future, you want to file a birth injury claim — but what should you ask your lawyer before doing so?
In this guide, we are providing helpful insight into the types of questions you should ask your medical malpractice lawyer before filing a birth injury claim, and why.
Questions to Ask Your Medical Malpractice Lawyer During a Birth Injury Consultation
Do I Have a Valid Birth Injury Case?
Before you can move forward with filing a claim, your attorney has to determine if your case has legal merit. During your initial consultation, they’ll review the circumstances surrounding your child’s injury, evaluate medical records, and ask targeted questions about your experience. The goal is to identify whether medical malpractice occurred, and if so, whether it can be proven based on the evidence available.
If it is determined that the birth injury case doesn’t have a strong foundation, they may decide to not move forward with the claim.
Do You Have Experience With My Specific Case?
Birth injury cases often involve highly technical medical issues, especially when the injury involves conditions like HIE, cerebral palsy, Erb’s palsy, or shoulder dystocia. A lawyer familiar with your child’s specific diagnosis will already know:
- How the injury typically occurs
- What red flags to look for in prenatal and delivery records
- Which expert witnesses (like neonatologists or OB-GYNs) are most credible in those cases
This allows them to spot patterns of negligence faster and build a stronger case.
Similar Post: What Are Common Examples of OB/GYN Malpractice That Cause Birth Injuries in Allegheny County?
How Do You Prove Medical Negligence in a Birth Injury Case?
Your birth injury lawyer should be able to confidently walk you through what to expect should you proceed with your case. Asking this question helps gauge their level of hands-on experience. By asking the attorney how they prove medical negligence, you’ll learn more about their investigative process, the types of medical experts they consult with, and what kind of documentation they will need from you.
Will You Be Handling My Case Directly?
After your initial consultation, some law firms may unexpectedly hand your case off to a junior associate. To avoid surprises, ask whether the attorney you're meeting with will personally handle your birth injury case from beginning to end.
Having the same lawyer by your side throughout offers clear advantages such as building trust, maintaining consistent communication, and ensuring your attorney can quickly adapt when new details or challenges arise.
How Long Will My Birth Injury Case Take?
Unfortunately, it’s impossible to give an exact timeframe for how long your birth injury case will take, but that doesn’t mean you shouldn’t still ask the question.
Generally, the timeframe will vary based on the complexities of your birth injury case. Some cases may settle in just a few months, while others may take several years, from the initial filing to trial. By hiring an attorney who’s well-versed in birth injury cases, they can give you a rough estimate on how long your case may take based on the details presented to them.
Asking this question is important so you know what to expect should you decide to move forward with a claim.
Can You Help Us Access Resources and Support Services While the Case is Ongoing?
In many consultations, the focus is on the claim itself. However, you should always ask if your attorney is able to provide you with access to related resources and support services.
At various points throughout your case, you may need access to early invention programs, second opinions, physical or occupational therapists, respite care, and financial assistance programs. Your lawyer having access to these resources highlights their client-first approach to handling these types of cases, which can help inform your decision to move forward.
Similar Post: How a Birth Injury Lawyer Can Help Your Family
How is Your Track Record with Negotiating vs. Litigating Birth Injury Cases?
Some birth injury cases are resolved through negotiation, while others may go all the way to trial. That’s why it’s important to ask whether your attorney has experience with both approaches. A strong negotiator may help you reach a fair settlement faster, but if the hospital or insurer refuses to take responsibility, your case could head to court. Ask your lawyer how often they settle cases out of court, how many birth injury cases they’ve litigated, and what results they’ve achieved. Their answer will give you insight into how prepared they are to protect your family’s interests no matter which direction your case takes.
Have You Ever Turned Down a Case Like Mine — and Why?
Asking, “Have you ever turned down a case like mine—and why?” gives you valuable insight into a birth injury attorney’s experience and decision-making process. A thoughtful answer can reveal how the lawyer evaluates medical negligence claims, what challenges they’ve seen in similar cases, and whether your situation presents any red flags.
Most importantly, it shows whether the attorney will be honest with you about your case’s strengths and weaknesses before you commit.
Contact Anapol Weiss to Discuss Your Birth Injury Case
If you believe you have a birth injury case and want to move forward with a claim, Anapol Weiss is here to help. We know how personal and difficult these situations can be, which is why we're here to provide clarity and support when you need it most.
Give us a call today at 866-944-0553 or fill out our online contact form to schedule a free consultation with our birth injury team. We represent families in Philadelphia, Delaware, and Lehigh counties. You’re not alone. Let Anapol Weiss pursue the justice and compensation you and your family need.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.